Brood v. Davis

This case is before us on petitioner’s petition for reconsideration. We reverse our former opinion.

The facts of the case are set forth in our previous opinion and will not be restated here, save to note that petitioner, who was the defendant in a district court case, had pleaded a counterclaim in excess of the district court’s jurisdiction and had moved to transfer the case to circuit court pursuant to ORS 46.070. The district court struck the counterclaim and refused to transfer the case. On writ of review, the circuit court affirmed. We also affirmed, reasoning that under the facts alleged,…